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Protecting rights and facilitating stable relationships among federal agencies, labor organizations, and employees while advancing an effective and efficient government through the administration of the Federal Service Labor-Management Relations Statute.

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Veterans Administration Medical Center, New York, New York (Activity) and American&nbsp;Federation of Government Employees, Local 2094, AFL-CIO&nbsp;(Union)

[ v08 p207 ] 08:0207(43)AR
The decision of the Authority follows:

8 FLRA No. 43
VETERANS ADMINISTRATION MEDICAL CENTER
NEW YORK, NEW YORK
(Activity)
and
AMERICAN FEDERATION OF GOVERNMENT
EMPLOYEES, LOCAL 2094, AFL-CIO
(Union)
Case No. 0-AR-348
ORDER DISMISSING EXCEPTIONS
THIS MATTER IS BEFORE THE AUTHORITY ON EXCEPTIONS TO THE AWARD OF
ARBITRATOR HARRY FRUMERMAN FILED BY THE UNION PURSUANT TO SECTION
7122(A) OF THE FEDERAL SERVICE LABOR-MANAGEMENT RELATIONS STATUTE (5
U.S.C. 7122(A)) AND SECTION 2425.1 OF THE AUTHORITY'S RULES AND
REGULATIONS (5 CFR 2425.1(1981)). FOR THE REASONS STATED BELOW, IT HAS
BEEN DETERMINED THAT THE UNION'S EXCEPTIONS MUST BE DISMISSED AS
UNTIMELY FILED.
SECTION 7122(B) OF THE STATUTE AND SECTION 2425.1 OF THE AUTHORITY'S
REGULATIONS PROVIDE THAT THE TIME LIMIT FOR FILING AN EXCEPTION TO AN
ARBITRATION AWARD IS THIRTY DAYS BEGINNING ON AND INCLUDING THE DATE OF
THE AWARD.
THE ARBITRATOR'S AWARD IN THIS CASE, AS INCLUDED IN THE UNION'S
SUBMISSION, IS DATED JANUARY 6, 1982. THEREFORE, UNDER SECTION 2425.1(B)
OF THE AUTHORITY'S REGULATIONS, THE UNION'S EXCEPTIONS WERE DUE IN THE
OFFICE OF THE AUTHORITY NO LATER THAN FEBRUARY 4, 1982. HOWEVER, THE
SUBJECT EXCEPTIONS WERE NOT FILED WITH THE AUTHORITY UNTIL FEBRUARY 9,
1982. IN THIS REGARD, THE AUTHORITY IS NOT EMPOWERED TO EXTEND OR WAIVE
THE TIME LIMIT FOR FILING EXCEPTIONS TO ARBITRATOR'S AWARDS.
ACCORDINGLY, AS THE UNION'S EXCEPTIONS WERE UNTIMELY FILED, AND APART
FROM OTHER CONSIDERATIONS, THE EXCEPTIONS ARE HEREBY DISMISSED.
FOR THE AUTHORITY.
ISSUED, WASHINGTON, D.C., MARCH 11, 1982
JAMES J. SHEPARD, EXECUTIVE DIRECTOR